Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

Patent

Section 47 Pops Up Again in Patent Litigation Involving a Government Tender for Public Procurement

by Prashant Reddy September 29, 2017

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Our readers from the Hyderabad High Court have informed us of a recent order passed in a case filed by a patentee against the State Government of Telangana and some other private parties for allegedly infringing its patents no. 196432, 196439 and 211904 that cover the ‘Ball Drive Flow Control Valve’ when it issued a tender for the same. Apart from filing a patent infringement lawsuit before the civil court (O.S.No. 734 & 735 of 2017 before the IIIrd Addl….

Dinkar on Copyright Law and Its Importance in a Democracy

by Prashant Reddy September 28, 2017

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Just a few days ago on September 23rd, India celebrated the birth anniversary of Ramdhari Singh Dinkar (1908-1974), one of India’s most famous Hindi language poets who has been awarded the Sahitya Akademi Award, Padma Bhushan and Bharatiya Jnanpith. A freedom fighter born in Bihar, Dinkar was also a Member of the Rajya Sabha for several terms. I came across one of his speeches while researching for my book with Sumathi and I was amazed by his articulation of copyright…

A New Indian Law Review and Its Scholarship on the DU Photocopy Case

by Prashant Reddy September 19, 2017

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In some good news, the Indian Law Review, founded by a group of Indian academics primarily based in UK, Australia, US and India, has published its first edition. Included in the first edition is an article by Lawrence Liang on the DU Photocopy case. Lawrence is an alum of NLSIU & Warwick, a co-founder of Alternative Law Forum (ALF) and a legend of sorts in the field of law and culture. I was his student on a few occasions at…

Competition Law

Competition Commission of India (or Delhi?) Seeks to Outsource Study on Healthcare Industry to Medical Professionals, Radiologists, Pharma Graduates etc.

by Prashant Reddy September 19, 2017

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The Competition Commission of India (CCI) recently floated a ‘Request for Proposal’ (RFP) for an agency to conduct the following study: “Situation Analysis to understand the prescription and referral pattern of Hospitals and Medical Practitioners and also the tie-ups and networking amongst various stakeholders in Health Care Sector”. The study intends to focus on different hospitals, clinics, diagnostic centres, pharmaceutical companies, pharmacists, insurance companies, third party administrators, patients, care-givers, doctors etc. and cover the following specializations: cardiology, neurology, orthopedics, ophthalmology,…

Indian Singers Rights Association (ISRA) Gears Up for a Losing Battle against Saregama

by Prashant Reddy September 5, 2017

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Last year, we had written about two victories scored by the performer’s rights society – Indian Singer’s Rights Association (ISRA) before the Delhi High Court against a restaurant and lounge located in Delhi for alleged violation of its performers rights. Both judgments were delivered ex-parte i.e. the defendants never appeared before court. As Balu and I had earlier noted, the manner in which the Delhi High Court proceeded to hear the case ex-parte was not proper in law. In any…

Others Patent Trademark

DIPP Needs to Prepare for the Flood of Recusal Petitions that will Follow Post the Appointment of Justice Manmohan Singh as Chairperson, IPAB

by Prashant Reddy September 4, 2017

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Going by the grapevine, it appears that Justice Manmohan Singh, who retired from the Delhi High Court last year, will soon be appointed as the Chairperson of the Intellectual Property Appellate Board (IPAB). While on the Delhi High Court, Justice Manmohan Singh was considered one of the “IP judges”, resulting in more IP cases being marked to him. It goes without saying that he’s delivered quite a few judgments on patents and trademarks. And as I’ve mentioned before there are…

Privacy

The Supreme Court’s Privacy Judgment Elevates Personality Rights to the Constitutional Plane

by Prashant Reddy August 26, 2017

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In a landmark judgment delivered on August 24, 2017 a bench of 9 judges of the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) v. Union of India has clarified that all Indians have a fundamental right to privacy under Article 21 of the Constitution. I use the word ‘clarify’ because smaller benches of the Supreme Court have previously proceeded on the assumption that privacy has always been a fundamental right under the Indian Constitution. These judgments…

Others

Is Justice Manmohan Singh’s Appointment as Chairperson to IPAB in Line with Law Laid Down in Shamnad Basheer v. Union of India?

by Prashant Reddy August 24, 2017

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As Pankhuri informed us yesterday, it is virtually certain that Justice Manmohan Singh who retired from the Delhi High Court, will be the next chairperson of the Intellectual Property Appellate Board (IPAB). His appointment has been made under the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 which derives its authority from the Finance Act, 2017. As reported earlier, the constitutionality of these rules and the relevant provisions of the Finance Act, 2017…

Others

Delhi High Court Has Liberally Applied Time Incorporated to Award Punitive Damages Even After Justice Bhat Over-ruled It

by Prashant Reddy August 15, 2017

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Subsequent to one of my earlier posts on how the Delhi High Court had continued to apply the over-ruled judgment in Time Incorporated v. Lokesh Srivastava, I received a comment informing me that the Delhi bar was well aware of the judgment and that it was cited regularly at the Delhi High Court. So I did some research and published on Live-Law a list of 25 judgments where the Delhi High Court had continued to cite Time Incorporated v. Lokesh…

Dysfunctional Judgments on Functionality and Design Law

by Prashant Reddy August 5, 2017

4 Comments

A few months ago, when I wrote on a Delhi High Court judgment in the Carlsberg design infringement case, I received a few comments and emails protesting my claim that Indian design law does not penalize designs which also have a functional aspect. The issue of functionality has been a tricky issue in most jurisdictions because design law is supposed to protect only designs that appeal to the eye while functionality is to be protected under patent law. Life is…

Praharsh Gour { Hey Anon, Thank you for the comment and bringing this decision to my knowledge. I can only agree with you on this point. In fact if you read... }
{ There is also enough SC case laws to say that the suit can be thrown out if you suppress material facts. Every arguing lawyers favourite case - SP... }
Mathews George { The UK Supreme Court primarily viewed it as a contract law dispute. And based its reasoning on internal and external contexts surrounding the ETSI Policy. Having said that,... }
Praharsh { Dear Anon, Please note this second post is about when the trial phase is not being dispensed with, whereas Prof Basheer's paper is advocating the doing away of... }
{ Disappointing that none of professor Basheer's scholarship was cited in this post - he has an entire paper on whether interim injunctions are required in patent cases. }